[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Proposed Rules]
[Pages 4975-4976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2321]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 4

RIN 1024-AC69


Operating Under the Influence of Alcohol or Drugs

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing to amend its 
regulations concerning motor vehicle operation under the influence of 
alcohol. Currently, the NPS has regulations prohibiting operation with 
a blood alcohol concentration (BAC) of 0.10 grams or more of alcohol 
per 100 milliliters of blood or 0.10 grams of alcohol per 210 liters of 
breath. On March 3, 1998, a Presidential directive was issued directing 
the NPS, and other federal agencies, to promulgate regulations adopting 
a stricter limit of 0.08 grams BAC.

DATES: Written comments will be accepted through April 1, 2003.

ADDRESSES: Comments should be addressed to Kym Hall, National Park 
Service, 1849 C Street, NW., Room 7248, Washington, DC 20240. Fax: 
(202) 219-8835. Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, NW., Room 7248, Washington, DC 
20240. Telephone: (202) 208-4206. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The NPS administers 385 areas throughout the country under the 
broad statutory mandates to promote and regulate their use; to conserve 
the scenery, the natural and cultural objects and the wildlife therein; 
and to provide for their enjoyment in such manner as will leave them 
unimpaired for the enjoyment of future generations. Although the nearly 
300 million annual visitors to the National Park System use a variety 
of access methods, the vast majority rely on motor vehicles and 
roadways to reach park areas and to circulate within them. 
Consequently, the NPS has major responsibilities and program 
involvement in the areas of road construction and maintenance, traffic 
safety and traffic law enforcement.
    The NPS currently administers over 8,000 miles of roads within the 
National Park System that are open to the public. These 8,000 miles 
compare in magnitude to the State of Arizona's state road system, 
except that they are scattered throughout the United States and its 
territories. There is great variety in the nature and extent of park 
roads, ranging from very short lengths of unpaved secondary roadways, 
to well-developed road systems complete with spur roads, parking areas 
and overlooks, to parkways running for hundreds of miles through 
several States, to parkways used primarily as commuter routes in the 
Washington, DC area. In addition, many park areas contain State and/or 
county highways and roads over which the NPS may exercise varying 
degrees of jurisdiction.
    On April 2, 1987, the NPS promulgated a final rule (36 CFR 4.23) 
concerning operating a motor vehicle under the influence of alcohol (52 
FR 10683). That rule prohibits the operation or control of a motor 
vehicle if the alcohol concentration in the operator's blood or breath 
is 0.10 grams or more of alcohol per 100 milliliters of blood or 0.10 
grams of alcohol per 210 liters of breath. The regulation provides, 
however, that if State Law that applies to operating a motor vehicle 
while under the influence of alcohol establishes more restrictive 
limits of alcohol concentration in the operator's blood or breath, 
those limits supercede the limits specified in this paragraph. The 
regulation is implemented primarily through signing, text in brochures 
and incidental public contact.
    President Clinton issued a directive on March 3, 1998, which 
directed the NPS to propose rules and take other appropriate measures 
to lower the BAC limit in National Park Service areas. This includes, 
but is not limited to, strong enforcement, conducting education, 
awareness and other appropriate programs about the importance of the 
0.08 BAC standard. The benefits of the 0.08 standard in lives saved and 
injuries prevented have been documented extensively.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, Local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies, or controls. This is an agency specific 
rule.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule will have no effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved.
    (4) This rule does not raise novel legal or policy issues. This 
change to the legal blood alcohol concentration level is prevalent 
throughout the United States and has been adopted by most other federal 
agencies and states.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
    Although the regulation has significant implications for public 
safety, it does not have monetary implications. There are no businesses 
that depend on the public's ability to operate a motor vehicle while 
intoxicated. The rule will likely provide non-monetized benefits to the 
NPS and other law enforcement agencies through decreased accidents and 
injuries.

[[Page 4976]]

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This proposed rule only affects use of NPS 
administered lands and waters. It has no outside effects on other areas 
and only allows use within a small portion of the park.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act and 516 DM. This 
rule does not constitute a major federal action affecting the quality 
of the human environment. An environmental assessment is not required.

Government-to-Government Relationship with Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249, the 
President's memorandum of April 29, 1994, ``Government to Government 
Relations with Native American Tribal Governments'' (59 FR 22951) and 
512 DM 2:
    We have evaluated potential effects on federally recognized Indian 
tribes and have determined that there are no potential effects.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example 
Sec.  4.23 Operating Under the Influence of Alcohol or Drugs.) (5) Is 
the description of the rule in the ``Supplementary Information'' 
section of the preamble helpful in understanding the proposed rule? 
What else could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also email the comments to this address: [email protected].
    Drafting Information: The primary author of this regulation was 
Chip Davis, Criminal Investigator, National Park Service.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail comments to Kym 
Hall, National Park Service, 1849 C Street, NW., Room 7248, Washington, 
DC 20240. Fax: (202) 219-8835. You may also comment via the internet to 
[email protected]. Please also include ``Attn: RIN 1024-AC69'' 
in the subject line and your name and return address in the body of 
your internet message. Finally, you may hand deliver comments to Kym 
Hall, National Park Service, 1849 C Street, NW., Room 7248, Washington, 
DC. Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection.

List of Subjects in 36 CFR Part 4

    National parks, Traffic regulations.
    In consideration of the foregoing, we propose to amend 36 CFR Part 
4 as follows:

PART 4--VEHICLES AND TRAFFIC SAFETY

    1. The authority citation for Part 4 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 462(k).

    2. Section 4.23 is (a)(2) revised to read as follows:


Sec.  4.23  Operating under the influence of alcohol or drugs.

    (a) * * *
    (2) The alcohol concentration in the operator's blood or breath is 
0.08 grams or more of alcohol per 100 milliliters of blood or breath is 
0.08 grams or more of alcohol per 210 liters of breath. Provided 
however, that if State law that applies to operating a motor vehicle 
while under the influence of alcohol establishes more restrictive 
limits of alcohol concentration in the operator's blood or breath, 
those limits supersede the limits specified in this paragraph.
* * * * *

    Dated: January 10, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-2321 Filed 1-30-03; 8:45 am]
BILLING CODE 4310-70-P